Barclays Mobile Banking terms and conditions
13 January 2014
CHANGES TO BARCLAYS MOBILE BANKING TERMS AND CONDITIONS
We have revised the Barclays Mobile Banking Terms as follows:
- To indicate that if you use BMB on your iPad, you can also personalise your app by uploading a short video which will be stored on your tablet
- To indicate that Barclays Cloud It is now part of the BMB app enabling you to store and view electronic documents. You can view documents we upload (such as your statements) but if you want to upload your own documents, you’ll have to accept the terms and conditions and privacy policy for Barclays Cloud It
- To clarify that the app accesses your device when you register for BMB and to authenticate you when using the service
- To set out new open source software used in the app
Please ensure you read and accept these terms and conditions to use the Barclays Mobile Banking App. You can also download a copy of the latest terms and conditions from barclays.co.uk/mobilebankingapp.
This document includes the following sections:
- Barclays Mobile Banking Terms and Conditions
- Barclays Cloud It Terms and Conditions
- Barclays Cloud It Privacy Policy
BARCLAYS MOBILE BANKING TERMS AND CONDITIONS
Last modified: 13 January 2013
PART A – SUMMARY OF TERMS
Barclays Mobile Banking (“BMB”) is a form of online banking and account management service. BMB is available to bank account customers of Barclays Bank PLC in the United Kingdom, Jersey, Guernsey and the Isle of Man. You must be aged 16 or over and have a Barclays current account to use BMB.
Before you can use BMB you will need to download the BMB app and register and match your mobile number with a Barclays current account. You will then be able to access and manage your Barclays accounts and related services including current accounts, savings, mortgages or Barclaycards using BMB.
If you are registering an account with more than one signatory (such as a joint or business account) you must check with the other account holders or signatories that they are happy for you to register for the service.
If you are registered for Barclays Online Banking and you have a PINsentry device, you can use functionality in the app in place of the PINsentry device to generate an authentication code for logging into Barclays Online Banking and authorising or setting up payments in Barclays Online Banking.
The BMB app currently only works on compatible Smartphones running Android 2.3, iOS 5.0, BlackBerry 5.0 and above. We may change the version of the operating system the BMB app works with at any time.
You must not download the app from anywhere other than a store approved by us, or install or use it on a jail-broken or rooted device. If we allow you to upload images or other content to the app, you must not upload or store inappropriate or illegal images or content. If you use functionality in the app which accesses information on your device to work (for example to upload content), you consent to the app accessing your device and information.
You may be charged by your service provider for internet access on your Smartphone. If you are a business customer, you may be charged for transactions depending on your tariff.
Visit barclays.co.uk/mobilebankingapp for more information and full terms and conditions. Full terms and conditions can also be accessed through the BMB app. We can refuse to register you for BMB and can place limits or restrictions on how you use BMB.
PART B – BMB TERMS AND CONDITIONS.
These additional conditions relate to the use of Barclays Mobile Banking and supplement and amend the general terms which apply to the Barclays account you register for BMB ("General Terms").
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2.1 BMB accesses your device and information when you register and to authenticate you when you use the service. By using BMB, you consent to the use of session cookies which are needed for BMB to work effectively. You also consent to us collecting information about your use of this app to help us improve its performance and your experience. Further details of our policy in relation to cookies can be found at barclays.co.uk.
2.2 Certain functionality (such as uploading content to the app) will need to access information on your device to work. By using such functionality, you consent to the app accessing your device and information. If we can, we will ask you before the app accesses your device or information. You may also manage how the app accesses your device or information using privacy settings on your mobile device (for iOS) or by uninstalling the BMB app (for Android).
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3.1 Certain services, including the ATM finder, will make use of location data sent from your mobile device. You can turn off this functionality at any time by turning off the location services settings for the BMB app on your mobile device. If you use these services, you consent to us and our partners' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your mobile device (for Android) or on the BMB app (for other mobile devices).
3.2 Access to Google Maps/Google Earth APIs through the BMB app (iOS and Android versions) is subject to the separate Google Maps/Google Earth APIs Terms and Conditions available at google.com/accounts/TOS.
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4.1 We will contact you from time to time about BMB, including about promotions relating to BMB. We will do this electronically, for example by email, text or other messages on the BMB App or by telephone or post.
4.2 You may tell us at any time if you do not wish to receive marketing messages from us by contacting us as set out in your General Terms or by following any instructions we may include in the message we send to you. For example, a STOP message will appear at the foot of marketing text messages we send you.
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5.1 BMB is a form of online banking. This means that provisions of the General Terms relating to online banking apply to its operation.
5.2 In addition, you must:
(a) ensure you comply with any local restrictions on downloading, using or otherwise exporting the BMB or the app
(b) not download the BMB app from anywhere other than a store approved by us or install or use it on a jail-broken or rooted device
(c) not use BMB or the app in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the agreement, or act fraudulently or maliciously for example by hacking into or inserting malicious code into the BMB app or iOS, Android, BlackBerry or other operating systems
(d) not upload, store or share inappropriate or illegal images or content that breaches the rights of others
(e) not attempt to derive income from the use or provision of BMB, whether for direct commercial or monetary gain or otherwise
(f) not use BMB in a way that could damage disable, overburden, impair or compromise BMB, Barclays systems or security or interfere with other users
(g) not collect or harvest any information or data from BMB or our systems or attempt to decipher any transmissions to or from the servers running BMB.
5.3 The BMB app may utilise or include third party software and copyrighted material or may be subject to third party or other open source license. Portions of the software are based in part on:
IOS
(a) JSON (JavaScript Object Notation) licensed by Stig Brautaset (Copyright (C) 2007-2011 Stig Brautaset)
(b) CocoaLumberjack licensed under BSD License (Copyright (C) 2010, Deusty, LLC)
(c) OpenSSL toolkit under dual licences OpenSSL Licence (Copyright (C) 1998-2011 The OpenSSL Project) and Original SSLeay License (Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
(d) MIT license (Copyright (C) 2011 Matej Bukovinski)
(e) License for Base64 encoding options on the Mac and iPhone, Copyright (C) 2009-2011 Matt Gallagher. All rights reserved
(f) Basic demonstration of how to use the System Configuration Reachability APIs, Apple Disclaimer, Copyright (C) 2010 Apple Inc. All rights reserved
Android
(g) OpenSSL toolkit under dual licences OpenSSL Licence (Copyright (C) 1998-2011 The OpenSSL Project) and Original SSLeay License (Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
(h) The Android Software Development Kit used under licence from Google Inc.
BlackBerry
(i) The Legion of the Bouncy Castle (Copyright (C) 2000-2010 bouncycastle.org).
IOS, Android and BlackBerry
(j) W3C Software (Copyright (C) 1994-2001 World Wide Web Consortium, (Massachusetts Institute of Technology, European Research Consortium for Informatics and Mathematics, Keio University). All rights reserved (w3.org/Consortium/Legal/2002/copyright-software-20021231).
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6.1 Because BMB gives you access to your account, you must keep your mobile device secure and close the BMB app if you are not using it. The conditions relating to payment instruments set out in your General Terms apply in relation to the BMB app.
6.2 If you suspect that someone else knows your passcode or other security details you must contact us immediately by calling us on the number displayed in our branches, on your statements or advised to you from time to time. If you fail to do so, you may be liable for any unauthorised transactions on your account which are as a result of your security details becoming known to someone else.
6.3 After your initial registration we will never contact you to request your security details and we will not ask anyone else to do so on our behalf. If you receive such a request then it is likely to be fraudulent and you must not supply your security details in any circumstances. You should report any such activity to us immediately.
6.4 You must ensure that your account details, and other information you provided, are correct and up to date and notify us as soon as these change.
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7.1 We do not charge you for using BMB (network charges may apply for using the app).
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8.1 We will not be liable to you for any losses you suffer or costs you incur because:
(a) you are unable to access or use BMB for any reason or there is a delay in its use
(b) any device, hardware or software you use in connection with the App is damaged or corrupted or fails to work
(c) BMB does not work as you expect, does not meet your requirements or contains errors or defects or we fail to correct these
(d) you did not receive any SMS notifications in a timely manner
(e) there is a reduced level or failure to provide any service caused by any third party service providers including software providers and mobile operators.
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9.1 We can change the terms and conditions at any time in accordance with your General Terms by sending you an SMS with details of the change or notifying you of a change when you next start the Application or log onto our website. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of BMB.
9.2 From time to time updates to the app may be issued via the Apple App Store, Google Play, BlackBerry App World or other application stores the app is available from. Depending on the update, you may not be able to use BMB until you have downloaded the latest version of the app and accepted any new terms.
Barclays Cloud It Terms and Conditions
PART A – SUMMARY OF TERMS AND CONDITIONS
Barclays Cloud It is a service that enables customers to upload and store electronic copies of documents or files with Barclays. You can access these documents or files remotely using an internet connection and can set reminders and alerts to be sent to you electronically.
You can only use Barclays Cloud It if you are a Barclays customer registered for Online Banking. You can access Barclays Cloud It through Online Banking or the Barclays Mobile Banking app (we will tell you when Barclays Cloud It becomes available via the app). Barclays Cloud It only works with compatible devices or browsers we specify from time to time (visit barclays.co.uk/cloudit for more information). You may need to change your browser if we change the versions we support. In addition to these specific Barclays Cloud It terms and conditions, other terms and conditions apply to your use of Barclays Cloud It, including the Barclays Cloud It Privacy Policy, our Retail Customer Agreement and our Business Customer Agreement (each a ‘customer agreement’), as applicable, or the Barclays Mobile Banking app terms and conditions, if that is how you access the service.
You must not upload anything to Barclays Cloud It that contains any unlawful or inappropriate content or breaches the rights of another person (such as copyright or trade secrets). You are responsible for all documents or files you upload and confirm you own or have the necessary rights or permissions to submit them to Barclays Cloud It.
We have no obligation to monitor your use of Barclays Cloud It but we may screen, reject or remove documents to comply with any law, regulation, code or other duty that applies to us, including where we feel that they breach these terms. We may also screen documents and files for viruses and inappropriate content before they are uploaded. If we find any inappropriate or illegal content, we may be required to report this to the appropriate authorities.
As you use Barclays Cloud It, we will store the documents or files you upload and information about your use of the service.
We may share your information with other companies in the Barclays Group and our suppliers, where necessary to provide the Barclays Cloud It service. We may also share your information with any third party you authorise us to, or to satisfy any law, regulation, code or other duty that applies to us, or to prevent, detect and prosecute fraud, money laundering and other crime or potentially unlawful conduct.
Please read the Barclays Cloud It Privacy Policy for more details about how we store your information.
We are not liable for your use of Barclays Cloud It or if you are unable to access or use the service at any time. Barclays Cloud It is a backup service that enables you to save copies of your files or documents, however, you remain responsible for retaining originals of these. We may block or suspend your use of Barclays Cloud It at any time. Barclays Cloud It is linked to your Online or Mobile Banking and will end if you no longer have access to these services – eg, if you close your Online or Mobile Banking registration. If we make changes to Barclays Cloud It, we may ask you to accept new terms and conditions to continue viewing or uploading your documents. If you decide not to accept the changes or you close your account used to register for the service or end your Online or Mobile Banking membership, you must remove your documents immediately from Barclays Cloud It. We will normally retain these documents or files for a period of 30 days, in case you want to use Barclays Cloud It again, and may retain backup copies of them for up to 60 days in total. However, we may permanently delete your documents and files at any point after closing your Barclays Cloud It account. Where you have instructed us to upload documents relating to your relationship with us, such as statements, we may retain copies on our system even if you delete them from Barclays Cloud It.
We will not retain copies of your documents or files after you permanently delete them from your Barclays Cloud It 'Trash' bin.
You are responsible for and may be charged by your service provider for internet and data access when you use Barclays Cloud It. You are responsible for any internet and data access charges you incur. Visit barclays.co.uk/cloudit for more information (including limits and other restrictions that apply when using Barclays Cloud It) and applicable terms and conditions. These can also be accessed via Barclays Cloud It.
PART B – ADDITIONAL CONDITIONS
These additional terms and conditions relate to Barclays Cloud It and supplement and amend the general terms and conditions of your Customer Agreement with us (Barclays Bank PLC) and our Online and Barclays Mobile Banking app terms and conditions. In the event of any inconsistency between these additional terms and conditions and the general terms and conditions of your Customer Agreement, these terms will apply in relation to the Barclays Cloud It service (the ‘service’).
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2.1 You can only use Barclays Cloud It if you are a Barclays customer registered for Online Banking. You can access the service using Online Banking or through your Barclays Mobile Banking app (we will tell you when Barclays Cloud It becomes available via the app). Barclays Cloud It only works with compatible devices or browsers we specify from time to time. You may need to change these if we change the versions we support.
2.2 By using the service through either Online Banking or the Barclays Mobile Banking app, you consent to us accessing information about your device for the purpose of registration and authentication when using the service. You also consent to us using session cookies, which are needed for the service to work effectively and to access your device to enable upload of documents. Further details in relation to cookies can be found at barclays.co.uk.
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3.1 You can upload documents or files but you must not upload anything that contains any unlawful or inappropriate content or breaches the rights of another person. For example, you agree not to:
(a) Upload, share or save any documents or files that have malicious content, such as viruses, worms or Trojans, or are intended to disrupt any hardware or software
(b) Upload, share or save any inappropriate, profane, pornographic, defamatory, obscene, indecent or unlawful materials
(c) Upload, share or save documents or files that contain images, photographs, software or other material protected by intellectual property laws, unless you own the intellectual property or have all necessary consents to use it
(d) Upload, share or save any music or video files or documents that contain these
(e) Use the service in any manner that infringes any copyright, trade mark, trade secret or other rights of another party
(f) Falsify or delete any digital rights management information, such as author attributions, labels or trademarks from any document or file you upload
(g) Breach any guidelines we provide you for using the service
(h) Upload, share or save any compressed or encrypted files or documents with password restrictions or embedded content as this may prevent us from scanning them in accordance with these terms
(i) Upload any documents or files you know or suspect to be fake or fraudulent or contain fraudulent or false materials
(j) Circumvent any rules, limits or restrictions we place on your use of the service
3.2 Some files or documents may contain images, photographs, software or other material owned by someone else or protected by intellectual property laws. Uploading these files or documents without permission may breach rights of others and may constitute an offence.
3.3 By uploading any files or documents into Barclays Cloud It, (including where you are doing this for a business) you confirm and warrant that you have permission to do so and that you will be responsible for and pay any losses, damages or costs we may incur as a result of any action taken against us for hosting your documents or files in Barclays Cloud It. These costs may include claims for damages from third parties or costs incurred in connection with requests to take down any offending materials.
3.4 When using the service, you must not:
(a) Use it in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code into Barclays Cloud It
(b) Use it in a way that could damage, disable, overburden, impair or compromise it, Barclays' systems or security or interfere with other users
(c) Collect or harvest any information or data from the service or our systems, or attempt to decipher any transmissions to or from the servers running Barclays Cloud It
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You can only upload files and documents that meet the specifications set out on the Barclays Cloud It website from time to time. Details of any storage caps that may apply to your use of Barclays Cloud It are available on the Barclays Cloud It area of the website or in any acceptable use policy we publish on Barclays Cloud It from time to time.
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We will use Barclays Cloud It to provide you some electronic documents or information we hold for you, such as electronic statements, facility letters, annual summaries, policy documents and terms and conditions for products you hold with us. We may also send notices or other information about your relationship with us to Barclays Cloud It. If you request us to provide you with certain information using Barclays Cloud It (such as letters or notices) you must ensure you log in regularly to view these.
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6.1 We may monitor your use of the service, including to comply with any law, regulation, code or other duty that applies to us. For example, we may, in certain circumstances, be required to retain and disclose information uploaded using the service or other communications data, such as location, traffic or user data.
6.2 Although you are responsible for all documents or files you upload using the service, we reserve the right to screen, remove or reject any files or documents if we feel that they breach these terms or the terms of any other agreement between us, including to comply with any law, regulation, code or other duty that applies to us. If we find any inappropriate or illegal content uploaded in breach of these terms and conditions, we may be required to report this to the appropriate authorities.
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7.1 Barclays Cloud It allows you to save copies of your files or documents. However, you remain responsible for keeping the originals of these. You should ensure that you download copies of any documents or files you have stored in Barclays Cloud It before closing your Barclays Cloud It account.
7.2 We will not retain copies of your documents after you permanently delete them from your Barclays Cloud It 'Trash' bin.
7.3 You must download, remove or delete your documents or files if you stop having access to Barclays Cloud It – eg, when you close your Barclays account used to register for the service or end your Online or Mobile Banking membership. You must also do this if we have changed Barclays Cloud It or our terms and conditions and you do not accept these changes. On closing your Barclays account or ending your relationship with us, we will normally retain your documents or files for a period of 30 days (in case you want to reactivate the service) and may retain backup copies of them for up to 60 days, in total. However, we may permanently delete your documents and files at any point after closing your Barclays Cloud It account.
7.4 Subject to paragraph 7.5 below, any documents you permanently delete from Barclays Cloud It will not be available to you or anyone you have shared those documents with.
7.5 Where we upload documents relating to your relationship with us (such as statements,) we may retain copies on our system even if you permanently delete them from Barclays Cloud It.
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8.1 We do not charge you for using the service, but:
(a) Your service provider may charge you for internet and data usage
(b) Your mobile network operator may charge you for SMS (or text) messages where you use Barclays Cloud It to set reminders and alerts to be sent to you via SMS
8.2 Accessing Barclays Cloud It from a mobile device may cost more, in particular if you attempt to upload or download large documents/files on your mobile or use Barclays Cloud It when roaming. You must provide all equipment and connectivity necessary to access Barclays Cloud It, and you are responsible for any internet, data usage or SMS charges you incur in using the Barclays Cloud It service.
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The way in which we'll hold and use information about you for the purpose of delivering the service is described in the Barclays Cloud It Privacy Policy.
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10.1 You acknowledge that the transfer of documents, files and information across an open network such as the internet carries security, corruption and other risks. We are not liable for any losses or costs you incur as a result of any documents, files or information being corrupted, degraded or intercepted in transit prior to reaching our network.
10.2 We are not liable for any losses or costs you incur from:
(a) Any failure or inability to access or use the service at any time
(b) If any files you upload become corrupted or are otherwise unavailable or deleted
(c) Use of or any reliance you place on the service or any information you receive in connection with it
(d) Our failing to monitor or screen documents or files
(e) Disclosure of information to a regulatory authority or law enforcement agency, including documents or files stored using the service, as described in the Barclays Cloud It Privacy Policy
(f) Our incorrectly classifying documents or files as fraudulent or genuine
(g) Acquiring or using a substitute service if you are unable to use the service
10.3 We shall not be in breach of these terms and conditions nor liable for any delay in performing, or failure to perform, any obligations under these terms and conditions if such delay or failure arises from events, circumstances or causes beyond our reasonable control, abnormal or unforeseeable circumstances.
10.4 Nothing in these terms and conditions limits our liability for: death or personal injury arising from our negligence; fraudulent misrepresentation or misrepresentation as to a fundamental matter; or any other liability which cannot be excluded or limited by law.
10.5 Subject to this clause, our aggregate liability under these terms and conditions will not under any circumstances exceed the sum of £50.
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Because the service contains your personal and financial information, you must keep your device secure and close the service or log out of your Online or Mobile Banking if you are not using it. The conditions in your Customer Agreement or Barclays Mobile Banking app terms and conditions relating to security apply to your use of the service.
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12.1 We can change the terms and conditions at any time in accordance with the general conditions by contacting you electronically, for example, by sending you an email with details of the change or notifying you of a change when you next use Barclays Cloud It. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of Barclays Cloud it. If you do not accept the new terms and conditions, you may be required to close your Barclays Cloud It account and remove all your documents. If you are given an opportunity to close your Barclays Cloud It account following the changes but continue using the service, we will take this as acceptance of the new terms.
12.2 From time to time we may update the Barclays Cloud It service by introducing new features or functionality. Depending on the update you may not be able to use Barclays Cloud It unless you have downloaded the latest version of the service and accepted any new terms.
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13.1 The relationship governed by these terms and your use of the service will end automatically if your Barclays account used to register for the service is closed or you otherwise cease to be our customer.
13.2 You can end your use of the service at any time or by terminating your Online or Mobile
Banking membership or closing your Barclays account used to register for the service.
13.3 We can block or suspend your use of the service or end our relationship with you in accordance with our Customer Agreement.
13.4 If you or we end the relationship governed by these terms, we will permanently delete your documents and information, in accordance with paragraph 7 above. You will be responsible for downloading or transferring all your documents or files before we delete them.
Barclays Cloud It Privacy Policy
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2.1 In the course of your use of the service, you agree that we will store the documents and files you upload to Barclays Cloud It and information about your use of it (together, 'your information').
2.2 To the extent that your information includes ‘sensitive personal data’, as defined in the Data Protection Act, 1998 (eg information relating to your health, criminal convictions, religious beliefs, political opinions, sexual orientation or ethnic origin), you provide your explicit consent to us storing such sensitive personal data for the purposes and in the manner set out in this Privacy Policy.
2.3 Where you, or third parties you authorise, upload information relating to others – eg, dependants, joint account holders, business partners or financial associates – you confirm that you have their consent or are otherwise entitled to provide this information to us and for us to use it in accordance with this Privacy Policy.
2.4 Certain documents or files you upload to your Barclays Cloud It may contain data that was automatically recorded by the device originally used to create the document or file. For example, this may include data that identifies the specific device, the person who owns it and its location when the file was created. You consent to our storage of this data for the purposes and in the manner set out in this Privacy Policy.
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3.1 We and other companies in the Barclays Group may use your information for these purposes:
(a) To provide the service and our others to you
(b) To develop and continuously improve the service and our others for the benefit of you and other customers
(c) To comply with any law, regulation, code or other duty that applies to us
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4.1 Barclays Cloud It may enable you to send or share your information with others, including third party individuals, companies or organisations. Where you, or third parties you authorise, choose to share your information with others, you authorise us to disclose such information to such third parties. You acknowledge that we are not responsible for the actions or omissions of such third parties in using, processing or protecting your information.
4.2 In addition, to the extent necessary for the purposes described in this Privacy Policy, we can share your information with:
(a) Other Barclays companies
(b) Our service providers and our agents, including their sub-contractors, as long as they promise to keep it confidential
(c) UK and overseas regulators and authorities in connection with their duties – eg, the prevention of crime
(d) Fraud-prevention agencies. They will also allow other organisations, such as law-enforcement agencies, either in the UK or abroad, to access this information to prevent and detect fraud, money laundering or other crimes. You can ask us for the details of the fraud-prevention agencies
4.3 Where a recipient listed above is based in another country, you also accept that your information may be transferred to them. The laws of that country may not provide an equivalent level of protection to your data as jurisdictions within the European Economic Area. In respect of those recipients listed at 4.2(a) and (b), we will make sure that they agree to apply the same levels of protection as we apply to your information and, where appropriate, strictly follow our instructions when using your information.
4.4 Where we receive a request to disclose your information from a UK or overseas regulator or authority in connection with its duties, before we comply with it, we will review the request to ensure it satisfies legal requirements and our policies and, where appropriate, we will tell you about it unless we are prohibited by law or a court order.
4.5 You should not upload information to your Barclays Cloud It that you do not wish to be shared with (a) the parties described in section 4.2 above or (b) any other party who has access to your Barclays Cloud It, eg, other users of a business account.
4.6 You should also not upload documents that could otherwise be protected from disclosure to a regulator or authority, such as journalistic materials or documents or files that may be legally privileged, such as letters from your lawyers, or contain information relating to an individual's health or personal welfare, eg, medical records. We will not be able to exclude these documents if we receive a valid and legally binding request to disclose information stored on Barclays Cloud It, so they could lose legal protection.
4.7 We will keep information about you secure and confidential and only use it in accordance with this Privacy Policy, as supplemented by the Barclays Cloud It terms and conditions and your other agreements with us.
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Please refer to section 7 of the Barclays Cloud It terms and conditions for information about how to delete your documents or files.
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We will contact you from time to time to notify you of important upgrades or changes or other messages relating to the service in accordance with the Barclays Cloud It terms and conditions.